333 P.3d 1080
Or. Ct. App.2014Background
- Defendant was indicted on one count of unlawful delivery of methamphetamine (ORS 475.890) in March 2011.
- Defendant was arraigned April 21, 2011, and counsel was appointed that day; trial originally scheduled for June 14, 2011.
- On May 26, 2011, the state filed a sentencing enhancement notice; defendant’s initial attorney moved to withdraw.
- Colloquy at the time showed defendant wanted a trial and disagreed with his counsel’s strategy; court denied substitute counsel request.
- About a week later, defendant waived his 60-day trial right; attorney requested a continuance to obtain private counsel and prepare.
- The trial court denied the continuance again; defendant was tried, convicted, and sentenced to 80 months.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of continuance to obtain counsel was an abuse of discretion | State: no good cause shown; defendant failed to prove ability to hire counsel or need for delay. | Defendant: right to counsel of choice requires time to obtain private counsel and prepare. | No abuse of discretion; denial affirmed. |
Key Cases Cited
- State v. Hug, 186 Or App 569 (2003) (discretion in continuance denials; balance of expediency and right to counsel)
- State v. Licari, 261 Or App 805 (2014) (abuse of discretion standard; cannot substitute judgment)
- State v. Hickey, 79 Or App 200 (1986) (continuance considerations; necessity of good cause)
- State v. Zaha, 44 Or App 103 (1980) (right to counsel tempered by need for orderly justice)
- State v. Ferraro, 264 Or App 271 (2014) (when to grant continuance for defense investigation)
- State v. Langley, 314 Or 247 (1992) (substitution of appointed counsel requires legitimate complaint)
- State v. Keerins, 145 Or App 491 (1996) (trial court must inquire into complaints to assess good cause)
- State v. Reese, 25 Or App 231 (1976) (must show witnesses can be produced and are material)
- State v. Martinez, 224 Or App 588 (2008) (continuance denial not an abuse where no timely request or adequate justification)
- State v. Fredinburg, 257 Or App 473 (2013) (timeliness and need for good cause in continuance requests)